A. If the city manager proposes to suspend, modify, or revoke a permit, written notice of the proposed suspension, modification, or revocation shall be served on the cannabis business at least 15 days prior to the date of the proposed suspension, modification, or revocation. The notice shall contain:
1. A brief statement of the grounds for the suspension, modification, or revocation.
2. A statement that the permittee may appeal the action in accordance with section 5.150.290.
3. A statement that the failure to appeal the notice of suspension, modification, or revocation will constitute a waiver of all rights to an appeal hearing, and the suspension, modification, or revocation will be final.
B. Notwithstanding subsection A of this section, the city manager may immediately revoke the cannabis business permit without prior notice under the following circumstances:
1. A cannabis business other than a storefront cannabis dispensary is in violation of section 5.150.070.D (criminal history);
2. A permitted cannabis business ceases operation for 90 consecutive days or longer and does not have city approved plans pursuant to section 5.150.185;
3. The permittee, its owners, officers, directors, partners, agents, or other persons vested with the authority to manage or direct the affairs of the business has been convicted of an offense described in section 5.150.070.E; or
4. Operation of the cannabis business is a threat to the public health, safety, or welfare.
C. If the city manager immediately revokes the permit pursuant to subsection B of this section, written notice of the revocation shall be served on the cannabis business.
D. Within 10 calendar days of the date of service of a notice issued pursuant to subsections A or B, the cannabis business may make a written request for an informal hearing with the city manager to reconsider the city manager's action. The city manager shall set a date for an informal hearing within 30 business days from the date the request is filed.
E. Failure to properly file a written request for reconsideration as described in subsection D constitutes a waiver of all rights to a hearing and the city manager's decision is final. Failure to properly and timely file a written request for reconsideration also constitutes a failure to exhaust administrative remedies and is a bar to any judicial action pertaining to the city manager's decision.
F. If the cannabis business properly files a request for reconsideration and fails to appear at the hearing, the request for reconsideration is abandoned, and the decision of the city manager is final and may not be further appealed. Failure to appear at the hearing constitutes a waiver of all rights to a hearing, a failure to exhaust administrative remedies, and is a bar to any judicial action pertaining to the city manager's decision.
G. Written notice of the city manager's decision for reconsideration shall be served on the subject cannabis business within 10 business days of the informal hearing.
H. The decision of the city manager under this section is subject to appeal in accordance with section 5.150.290. (Ord. 2022-0006 § 13; Ord. 2020-0004 § 9; Ord. 2017-0046 § 1)